SANJEEV Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE instant writ petition, in our considered view, is a glaring example of abuse of process of law. Petitioners No.1 and 2 are sons of Ajmer Singh and grandsons of Amar Singh son of Hirda. An eviction order under Section 7 of Punjab Village Common Lands (Regulation) 1961, Act as applicable to the State of Haryana was passed by the Assistant Collector, Ist Grade, Thanesar, way back on 08.06.1984 against petitioners' grand father (Amar Singh). That eviction order has admittedly attained finality. Besides the grandfather of petitioners No.1 and 2, the other judgment -debtors were brothers of petitioner No.3 (Singhu S/o Hari Nand) and brother of petitioner No.4 (Rati Ram S/o Jamna). Petitioners No.5 & 6 are sons of petitioner No.4.

(2.) IT may be, thus, seen that the eviction order dated 08.06.1984 was passed against one or the other predecessors -ininterest/family members of the petitioners. There was a categoric finding that they have encroached upon the Gram Panchayat land measuring 7 Bigha 17 Biswa. The demarcation was also carried out by the Assistant Collector, Ist Grade at the spot and after considering the objections submitted by the encroachers that the eviction order was passed. The appeal and revision petition against that order were also dismissed.

(3.) THOUGH while passing the eviction order, option was given for the purchase of encroached land and the Gram Panchayat did pass a resolution to that effect but later on that resolution was not approved by the Competent Authority and thus, could not be given effect.